[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6881 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 6881

   To direct the Federal Trade Commission to establish standards for 
   making publicly available information about the training data and 
 algorithms used in artificial intelligence foundation models, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 22, 2023

 Mr. Beyer (for himself and Ms. Eshoo) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To direct the Federal Trade Commission to establish standards for 
   making publicly available information about the training data and 
 algorithms used in artificial intelligence foundation models, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``AI Foundation Model Transparency Act 
of 2023''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) With the increase in public access to artificial 
        intelligence, there has been an increase in lawsuits and public 
        concerns about copyright infringement, including in court cases 
        such as the following:
                    (A) Doe 1 v. GitHub, Inc., No. 22-cv-06823, 2023 WL 
                3449131, at *1 (N.D. Cal. May 11, 2023).
                    (B) Amended Complaint, Getty Images, Inc. v. 
                Stability AI, Ltd., No. 23-cv-00135 (D. Del. Mar. 29, 
                2023).
                    (C) Andersen v. Stability AI Ltd., No. 23-cv-00201, 
                2023 WL 7132064, at *1 (N.D. Cal. Oct. 30, 2023).
            (2) Public use of foundation models has led to countless 
        instances of the public being presented with inaccurate, 
        imprecise, or biased information during inference, based on 
        limited training data, limited model training mechanisms, or a 
        lack of disclosures about the training data composition or 
        foundation model training procedures, including in facial 
        recognition technology usage, artificial intelligence 
        inferences relating to health, artificial intelligence 
        inferences relating to loan granting and housing approval, and 
        more.
            (3) Transparency with respect to high-impact foundation 
        models has become increasingly necessary, including to assist 
        copyright owners with enforcing their copyright protections and 
        to promote consumer protection.
            (4) While not compromising the intellectual property rights 
        of those who develop and deploy foundation models, users should 
        be equipped with the information necessary to enforce their 
        copyright protections and to make informed decisions about such 
        foundation models.

SEC. 3. FOUNDATION MODEL DATA SOURCE AND TRAINING TRANSPARENCY.

    (a) Establishment of Standards.--Not later than 9 months after the 
date of the enactment of this Act, the Commission shall--
            (1) in accordance with section 553 of title 5, United 
        States Code, promulgate regulations that establish standards 
        specifying information to improve the transparency of 
        foundation models by covered entities with respect to training 
        data, model documentation, data collection in inference, and 
        operations of foundation models; and
            (2) issue guidance to assist covered entities in complying 
        with the standards established under paragraph (1).
    (b) Consultation.--In establishing the standards and issuing the 
guidance required by subsection (a), the Commission shall consult with 
the Director of the National Institute of Standards and Technology, the 
Director of the Office of Science and Technology Policy, the Register 
of Copyrights, and other relevant stakeholders, including standards 
bodies, covered entities, academia, technology experts, and advocates 
for civil rights and consumers.
    (c) Submission to Commission and Public Availability of 
Information.--The standards established under subsection (a)(1) shall 
include requirements, with respect to a foundation model, for--
            (1) what information specified under such subsection shall 
        be submitted to the Commission by the covered entity that 
        provides such model; and
            (2) what information specified under such subsection shall 
        be made publicly available by the covered entity that provides 
        such model.
    (d) Form and Manner.--The standards established under subsection 
(a)(1) shall specify the form and manner in which certain information 
specified under such subsection, selected at the discretion of the 
Commission, in consultation with the Director of the National Institute 
of Standards and Technology and the other actors described in 
subsection (b), shall be made publicly available by covered entities, 
including--
            (1) what information shall be made available on the website 
        of a covered entity that relates to any foundation model 
        provided by such covered entity;
            (2) what information shall be displayed in a central 
        location on a website hosted by the Commission, which shall 
        include, with respect to a foundation model, information that 
        is substantially similar to the information required under 
        paragraph (1) to be made available on the website of the 
        covered entity that provides such model;
            (3) that a machine-readable format shall be used with 
        respect to the information specified under paragraphs (1) and 
        (2);
            (4) the URL at which the information specified under 
        paragraph (2) shall be hosted by the Commission; and
            (5) such additional specifications as the Commission 
        considers appropriate.
    (e) Process.--The standards established under subsection (a)(1) 
shall specify a process by which the information required under 
subsection (c)(1) shall be submitted to the Commission.
    (f) Information To Be Considered.--The Commission shall consider 
specifying in the standards established under subsection (a)(1), with 
respect to a foundation model, the following information:
            (1) The sources of training data (including, as applicable, 
        personal data collection and information necessary to assist 
        copyright owners or data license holders with enforcing their 
        copyright or data license protections) and whether and how data 
        is collected and retained during inference.
            (2) A description of the size and composition of such 
        training data, including broad demographic information, 
        language information, and other attribute information, while 
        accounting for privacy.
            (3) Information on data governance procedures, including 
        how such training data was edited or filtered.
            (4) How such training data was labeled, and information 
        regarding how the validity of the labeling process was 
        assessed.
            (5) A description of the intended purposes and foreseen 
        limitations or risks of the foundation model, an overview of 
        past edits to such model, the version of such model, and the 
        date of release of such model.
            (6) A description of the efforts of the covered entity to 
        align the foundation model and the transparency of such model 
        with--
                    (A) the AI Risk Management Framework (or any 
                successor framework) of the National Institute of 
                Standards and Technology; or
                    (B) a similar Federal Government-approved consensus 
                technical standard.
            (7) Performance under evaluation, either self-driven or 
        through audit, on public or industry standard benchmarks, 
        including what precautions the foundation model takes to answer 
        or respond to situations with higher levels of risk of 
        providing inaccurate or harmful information, including, if such 
        model responds to such questions, relating to the following:
                    (A) Medical, health, or healthcare questions.
                    (B) Biological or chemical synthesis.
                    (C) Cybersecurity.
                    (D) Elections.
                    (E) Policing, including predictive policing.
                    (F) Financial loan decisions.
                    (G) Education.
                    (H) Employment or hiring decisions.
                    (I) Public services.
                    (J) Information relating to vulnerable populations, 
                including children and protected classes.
            (8) Information on the computational power used to train 
        and operate the foundation model.
            (9) Any other information determined necessary by the 
        Commission, in consultation with the Director of the National 
        Institute of Standards and Technology, to improve transparency 
        of foundation models.
    (g) Consideration of Alternative Provisions for Specific Types of 
Foundation Models.--In establishing the standards and issuing the 
guidance required by subsection (a), the Commission shall consider 
whether to include alternative provisions for--
            (1) open-source foundation models; or
            (2) foundation models that are a derivation of or built 
        upon another foundation model, having been retrained or adapted 
        from such other foundation model to any extent.
    (h) Applicability.--The regulations required by subsection (a)(1) 
shall apply beginning on the date that is 90 days after the date on 
which the Commission promulgates such regulations.
    (i) Updates.--Not later than 2 years after the date on which the 
Commission promulgates the regulations required by subsection (a)(1), 
and not less often than annually thereafter, the Commission, in 
consultation with the Director of the National Institute of Standards 
and Technology, shall assess the standards established by such 
regulations and update such regulations so as to incorporate 
appropriate updates (if any) to such standards.
    (j) Enforcement by Federal Trade Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        a regulation promulgated under subsection (a)(1) shall be 
        treated as a violation of a regulation under section 
        18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
        57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
            (2) Powers of commission.--Except as provided in subsection 
        (m)(3)(C)--
                    (A) the Commission shall enforce the regulations 
                promulgated under subsection (a)(1) in the same manner, 
                by the same means, and with the same jurisdiction, 
                powers, and duties as though all applicable terms and 
                provisions of the Federal Trade Commission Act (15 
                U.S.C. 41 et seq.) were incorporated into and made a 
                part of this section; and
                    (B) any covered entity that violates a regulation 
                promulgated under subsection (a)(1) shall be subject to 
                the penalties and entitled to the privileges and 
                immunities provided in the Federal Trade Commission 
                Act.
    (k) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Commission shall submit to the Committee on Energy and 
Commerce and the Committee on Science, Space, and Technology of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the establishment, 
implementation, and enforcement of the standards required by subsection 
(a)(1).
    (l) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission to carry out this section--
            (1) $10,000,000 for fiscal year 2025; and
            (2) $3,000,000 for each fiscal year thereafter.
    (m) Definitions.--In this section:
            (1) Artificial intelligence.--The term ``artificial 
        intelligence'' has the meaning given such term in section 5002 
        of the National Artificial Intelligence Initiative Act of 2020 
        (15 U.S.C. 9401; enacted as division E of the William M. (Mac) 
        Thornberry National Defense Authorization Act for Fiscal Year 
        2021 (Public Law 116-283)).
            (2) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (3) Covered entity.--
                    (A) In general.--The term ``covered entity'' means 
                any person, partnership, or corporation described in 
                subparagraph (C) that provides--
                            (i) use of or services from a foundation 
                        model which generates, in aggregate, over 
                        100,000 monthly output instances (whether text, 
                        images, video, audio, or other modality), 
                        including output instances generated from use 
                        by users of second party entities that use such 
                        model; or
                            (ii) use of or services from a foundation 
                        model which has, in aggregate, over 30,000 
                        monthly users, including users of second party 
                        entities that use such model.
                    (B) Updating of thresholds.--The Commission, in 
                consultation with the Director of the National 
                Institute of Standards and Technology and the Director 
                of the Office of Science and Technology Policy, may, by 
                regulation promulgated in accordance with section 553 
                of title 5, United States Code, update the number of 
                monthly output instances for purposes of subparagraph 
                (A)(i) or the number of monthly users for purposes of 
                subparagraph (A)(ii), as the Commission considers 
                appropriate.
                    (C) Persons, partnerships, and corporations 
                described.--The persons, partnerships, and corporations 
                described in this subparagraph are--
                            (i) any person, partnership, or corporation 
                        over which the Commission has jurisdiction 
                        under section 5(a)(2) of the Federal Trade 
                        Commission Act (15 U.S.C. 45(a)(2)); and
                            (ii) notwithstanding section 4, 5(a)(2), or 
                        6 of the Federal Trade Commission Act (15 
                        U.S.C. 44; 45(a)(2); 46) or any jurisdictional 
                        limitation of the Commission--
                                    (I) any common carrier subject to 
                                the Communications Act of 1934 (47 
                                U.S.C. 151 et seq.) and all Acts 
                                amendatory thereof and supplementary 
                                thereto; and
                                    (II) any organization not organized 
                                to carry on business for its own profit 
                                or that of its members.
            (4) Foundation model.--
                    (A) In general.--The term ``foundation model'' 
                means an artificial intelligence model that--
                            (i) is trained on broad data;
                            (ii) generally uses self-supervision;
                            (iii) generally contains at least 
                        1,000,000,000 parameters;
                            (iv) is applicable across a wide range of 
                        contexts; and
                            (v) exhibits, or could be easily modified 
                        to exhibit, high levels of performance at tasks 
                        that could pose a serious risk to security, 
                        national economic security, national public 
                        health or safety, or any combination of those 
                        matters.
                    (B) Effect of technical safeguards.--The term 
                ``foundation model'' includes an artificial 
                intelligence model otherwise described in subparagraph 
                (A) even if such model is provided to users with 
                technical safeguards that attempt to prevent users from 
                taking advantage of any relevant unsafe capabilities.
            (5) Inference.--The term ``inference'' means, with respect 
        to a foundation model, when such foundation model is operated 
        by a user to produce a result.
            (6) Training data.--The term ``training data'' means, with 
        respect to a foundation model, the data on which such 
        foundation model was trained.
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